History Of The False Claims Act

Georgia whistleblowers need to understand the history of the False Claims Act and how an experienced Atlanta qui tam litigation lawyer takes them into the future.

The False Claims Act, originally enacted in 1863 due to widespread fraud and profiteering during the Civil War, allows a private citizen, commonly known as a relator, to bring a lawsuit on behalf of himself and the United States against anyone who presented a false or fraudulent claim to the government, and to keep a portion of any recovery.

This is known as a qui tam provision, a shortening of an old English legal principle identified by the Latin phrase: qui tam pro domino rege quam pro se ipso in hac parte sequitur—meaning “Who sues on behalf of the King as well as for himself.” (For the trivia buffs, that means that qui tam is most properly pronouced kwee tam – after the Latin pronunciation of “qu,” rather than kee tam, as it would be in French or Spanish.)

Atlanta whistleblower litigation lawyer Mike Bothwell and the Bothwell Law Group team of qui tam experts understand the False Claims Act and how to use it to take whistleblowers into the future.

The False Claims Act is Subject to Amendments. Whistleblowers in North Georgia Should Consult a Roswell False Claims Act Lawyer with the Experience Needed to Successfully Litigate Whistleblower Cases

The False Claims Act is subject to Amendments. Whistleblowers in North Georgia should consult with a Roswell False Claims Act lawyer with the experience needed to successfully litigate whistleblower cases.

Congress drastically overhauled the False Claims Act in 1986 to make it a more effective tool in combating fraud. In particular, Congress provided a number of incentives to encourage potential relators:

With limited exceptions, Congress provided that the relator is to receive a guaranteed share of any recovery obtained by the government, ranging from a minimum of 15% to a maximum of 30% of the proceeds.

The amendments gave the relator (with counsel) the right to prosecute the case even if the Government declines to participate, and allow the relator to participate if the Government does intervene.

The amendments increased damages by making defendants liable for three times the damages sustained by the government, plus a mandatory penalty of between $5,500 and $11,000 for each false claim.

The amendments added a whistleblower protection provision, allowing an employee who has been fired or otherwise retaliated against for protected conduct to recover damages, including two times back pay.

Congress also wanted to make sure that good private attorneys would take the cases, so it shifted the attorneys’ fees and all litigation costs to defendants who settle or lose.

Additionally, whistleblowers in the healthcare industry are further protected by the Anti-Kickback and Stark Law provisions. For free advice on how the law will work to your advantage, ask a Roswell whistleblower help lawyer at Bothwell Law Group for full evaluation of your claim.

This unique law undergoes constant change – from Congress, from court decisions across the country, and from varied practice by different U.S. Attorneys. Practicing effectively in the area takes focus and experience.

Hire a GA Qui Tam Help Lawyer who Fights Hard For You

A GA qui tam help lawyer at Bothwell Law Group fights hard to protect the law as Congress intended it to be interpreted and to help Courts of Appeal and Congress to correct judicial error that creeps into the dynamic of prosecutions under the False Claims Act.